Malpractice in nursing homes is a significant concern for many families with loved ones in these facilities, especially in large cities like Chicago. Nursing home malpractice refers to a nursing home’s failure to provide residents with the standard of care required by Illinois law, resulting in harm.
When you place a loved one into a nursing home, you expect them to receive the care, attention, and respect they deserve. Unfortunately, this is not always the case, and situations sometimes arise where nursing malpractice occurs.
What Is Nursing Malpractice?
Nursing malpractice can occur due to the rogue actions of a single nurse or the policies and procedures of a nursing facility. Regardless of how it happens, it occurs when a healthcare provider harms a patient by failing to perform their duties at an acceptable level.
This malpractice can include failing to monitor residents properly, making medical errors, or neglecting to provide basic care, such as mobility assistance. These actions and inactions on the part of nursing homes and their staff can have drastic effects on the residents in their care, leading to lasting harm and even death.
Examples of Malpractice in Nursing Homes
Understanding the types of malpractice that can occur in nursing homes is vital for identifying when your loved one may be in danger. Some of the most common examples of malpractice in nursing homes include:
- Medication Errors – Administering the wrong medication or incorrect dosage to a patient can lead to severe health implications or death. Because of these serious consequences, there is no excuse for a nursing home to make medication errors.
- Elder Neglect – Failing to assist with basic needs such as bathing, feeding, repositioning, or moving can cause physical and psychological harm to residents. Residents who stay in bed for too long can develop dangerous sores on their bodies, and residents left in their rooms can become depressed.
- Elder Abuse – Abuse goes beyond neglect in that the actions and inactions of the nursing home staff are intentional. This abuse could include inappropriate physical restraint, verbal abuse, or isolation, leading to significant trauma.
- Unsafe Environments – Nursing homes must provide a safe environment for their residents. According to data from the Centers for Disease Control and Prevention (CDC), falls are among the leading causes of injury for older adults. To prevent falls, nursing homes should avoid having stairs or uneven floors and should have railings for residents to hold onto.
Spot the Signs and Symptoms of Nursing Malpractice
Recognizing the signs of nursing malpractice is essential for protecting your loved ones. Some red flags that may indicate nursing malpractice include:
- Unexplained Injuries – If your loved one has frequent or unexplained injuries, such as bruises, cuts, or broken bones, you should seek further explanation from the staff. If they cannot provide adequate answers, or if their answers don’t align with what your loved one claims happened, it could be a sign of malpractice.
- Sudden Weight Loss – Weight loss could indicate that your loved one isn’t receiving the nutrition they need or that the facility changed their medication, which can lead to other issues.
- Poor Hygiene – A noticeable decline in personal cleanliness, such as dirty clothes or unwashed hair, could be a sign that your loved one isn’t receiving proper care.
- Bedsores – If your loved one has open wounds or sores due to prolonged immobility, it is a fairly clear sign of neglect.
- Behavioral Changes – Sudden shifts in your loved one’s mood, withdrawal from social activities, or signs of depression may indicate emotional abuse. Also, look for changes in their behavior when nursing staff are present.
If you notice any of these signs, it’s vital that you investigate further and consider seeking legal advice to determine if nursing malpractice is occurring.
Negligence vs. Malpractice in Nursing
Negligence and malpractice are often the same in nursing home environments. When the negligent actions or inactions of a nursing home or its staff harm a resident, it is nursing home malpractice.
People tend to think of negligence as referring to someone making a mistake. However, nursing homes and their staff owe the residents a higher standard of care than the average person does to someone else. For this reason, negligence in nursing home settings often rises to the level of malpractice.
Who Can I Sue for Nursing Home Malpractice?
If your loved one suffered from nursing home malpractice, you may wonder who is liable for their injuries. In general, there are three primary parties you could sue for compensation depending on the specifics of your case:
- Nursing Home Facility—The facility may be liable if systemic issues, such as understaffing, poor training, or negligent hiring practices, contributed to the malpractice. As an employer, the facility may also be liable for an employee’s independent actions.
- Nurses and Healthcare Providers – Individual nurses, doctors, or other healthcare providers could be liable if their direct actions caused harm. For example, a staff member who abuses a patient or mixes up their medication could be individually liable.
- Third-Party Contractors – If the facility employs third-party contractors for services like physical therapy or dietary management, these parties may be liable if their negligence resulted in harm.
Proving Nursing Home Malpractice
To prove nursing home malpractice, you must demonstrate that the facility or staff failed to provide the standard of care required and that this failure led to harm. An attorney can assist you in doing this by:
- Gathering evidence such as medical records, photographs of injuries, and statements from other nursing home residents or staff members
- Hiring expert witnesses to establish the standard of care and how the facility in question failed to meet it
- Highlighting prior incidents at the facility that show a pattern of neglect or abuse
Chicago, Illinois, Nursing Home Malpractice Attorney
If you suspect your loved one is the victim of nursing home malpractice, contact Karlin, Fleisher & Falkenberg, LLC at 312-346-8620 for a free consultation with one of our experienced nursing home injury attorneys. We’ll review your case, help you understand your legal options, and assist you in seeking the compensation your loved one deserves.